Perera originally posted his concerns about client poaching on Association of Financial Advisers’ LinkedIn page, and has had a vocal response from advisers who have experienced the same thing.

He tells Wealth Professional he is getting “peeved off” after clients have been poached three times in four years – and each time the client was unaware they had left his firm.

If a client wants to change adviser then it is the adviser’s duty to fully explain what a transfer of service means, Perera says. “Not doing that is unethical and not professional in any way, shape or form.”

The last time it happened to Perera, a financial planner had been talking to his client about doing joint venture work in another area, and gave him paperwork to transfer service rights to sign – without explaining the implications.

The life insurance company emailed Perera to tell him the client’s policy was about to transfer off his books. When Perera checked with the client why he was leaving the firm, the client did not even realise he had signed over servicing rights to another adviser.

Perera told his client: “Hang on a minute – that’s not a great start to any business relationship, if they haven’t explained to you what you’re signing.” The client since transferred the policy back to Perera Crowther’s books.

But who are these unscrupulous advisers? Perera says “you wouldn’t know”, as insurance companies will not give out that information to the advisers whose clients are being poached.

Perera is most upset about the lack of transparency by advisers purporting to be professional.

“Informed consent is the issue. People in our profession, we should be able to expect better of each other. At very least you must have a clear conversation with the client about the transfer, with all cards on the table with remuneration – even if it’s an inbuilt commission. You should clearly explain what you can do for the client.”

While Perera does not think poaching warrants ASIC investigating, he says even if it is just the minority doing it they could risk discrediting the whole profession.

“We just need to be wary of it and keep educating clients. A client may be signing different forms in a session so it’s crucial they know what they are signing. It’s about getting the small things right so we can get the big things right.”

Advisers responding to Perera’s LinkedIn post commiserated as it had happened to them, too. Some suggested reporting the “infuriating” practice to ASIC, or even the police.

One financial company director wrote advisers are transferring servicing rights immediately when a new client asks for advice.

If a client signs the form and the outcome is explained, then I have no issue, however unfortunately a number of advisers are offering the service of finding lost super and present it as a free service. In the process they collect all the policies in force including super that is not lost.”

Another adviser wrote: “Clients may wish to change advisers for any number of reasons. If they make an informed, transparent decision, no problem. If they are signing over servicing rights unknowingly then that adviser has acted unconscionably and unethically and should be held accountable by the regulatory authorities and the advice industry.”

Gents, the point is not so much the transfer but the fact that the Client had done so unknowingly. Hence, the notion of "poaching" and the question of ethics.

Matthew Rosson
11/12/2013 8:00:18 PM

Cry babies! Hilarious Coastie. Love it...and agree.

Paton
11/12/2013 10:07:55 AM

Agree with James & Coastie.

I have to laugh at the notion of calling the police. How ridiculous.

Coastieon
11/12/2013 8:28:07 AM

My thoughts exactly James. I've had a situation that some of these cry babies would describe as 'poaching', where the prospective client was discontented with their existing adviser, I had them sign a transfer of advising rights and started looking into providing advice based on our discussions. Not long after we received a notice to say the policy had been transferred to another adviser. Confused, I called the client who advised that the previous adviser had called and 'guilt-tripped' them into staying with him. It was easier for them to blow me off as we'd only just started on our relationship as opposed to one that had been in place for some time, even though it was fractured from the clients point of view to the point that they commenced discussions elsewhere. Most times advisers don't have the relationships with their clients they think they have.

HP Jameson
10/12/2013 11:49:12 PM

I think if the original advisor has a good, sound, solid relationship with their client, then the client wouldn't be talking to another financial organisation in the first place!

Danielon
10/12/2013 4:22:18 PM

I sympathise with you it has happened on 2 occasions this year with a prominent client of ours who simply wanted her accountant to be advised of the premium position,the insurer stated they needed written authorization and that was that,We contacted our client they were embarrassed and apologetic and their policies were transferred back.Then 6 months later it happened again.Our Conservation register is growing daily!Daniel

Perth Adviseron
10/12/2013 3:23:57 PM

I agree that this is a low act. I had a similar case recently where this happened and when I contacted the client he was horrified. At the same time he advised me that he had decided to cancel the cover. As a result the other adviser copped the writeback. Got exactly what he deserved.

Markon
10/12/2013 3:08:03 PM

Why wouldn't you simply ask the client who the unscrupulous adviser was? If you had a good relationship with that client they would surely tell you